Political Financing

The Law on Financing of Political Organisations (Parties) (1995, amended 2014) and the law on Pre-election Campaign (2013) Before the Saeima Elections and Elections to the European Parliament (2004, amended 2009) are the main laws regulating the funding of political parties in Latvia.

There are comprehensive limits on the private income of political parties. Donations from foreign entities, corporations, trade unions and anonymous donors are prohibited as well as others specified in the law. There are also limits on the amount that can be donated.

Public funding is available for political parties and is allocated according to the votes received in the previous election. There are specific rules regarding what the public funding may be utilized for and those roles include pre-election campaigns and ongoing party activities. Indirect forms of funding include subsidized media access, premises for campaign meetings and space for campaign materials.

For regulations on spending, there are bans on vote buying and on some state resources being used in favour or against a political party or candidate. There are also limits on the amount a political party or candidate can spend.

Parties are required to provide accounts annually which must be made public and reveal the identity of donors. The accounts are overseen by the Corruption Prevention and Combating Bureau. Sanctions for breaches of provisions include fines, the loss of public funding, deregistration of the party, suspension of the political party and criminal law sanction.

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on donations from foreign interests to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Bans on corporate donations

Is there a ban on corporate donations to political parties?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on corporate donations to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Is there a ban on donations from corporations with government contracts to political parties?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on donations from corporations of partial government ownership to political parties?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on donations from corporations with government contracts to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Is there a ban on donations from corporations of partial government ownership to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on donations from Trade Unions to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties?

Yes. (1) Financing of political organisations (parties) in the form of anonymous gifts (donations) is prohibited.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7)

Is there a ban on anonymous donations to candidates?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)?

Yes. (1) In accordance with the restrictions referred to in Section 6 of this Law, political organisations (parties) may accept gifts (donations) from:
1) Latvian citizens;
2) persons who in accordance with law have the right to receive an Aliens passport of the Republic of Latvia;
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4)

Is there a ban on any other form of donation?

Yes. (1) Natural persons are prohibited to finance political organisations (parties) from gifts and loans of other persons. Natural persons, who have been sentenced with a prohibition to candidate for elections of the Saeima, European Parliament or local government, except for rehabilitated persons or whose conviction has been extinguished or set aside, are prohibited to finance political organisations (parties) by gifts or donations.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 6(1))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)?

Yes. The total payments of membership fee, joining fee and gifts (donations) performed by a member for one political organisation (party) may not exceed 50 minimum monthly salaries within a period of one calendar year.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 3)

Is there a limit on the amount a donor can contribute to a political party in relation to an election?

No. Absent from legal framework

Is there a limit on the amount a donor can contribute to a candidate?

Yes. The pre-election expenses of a candidate are considered as the expenses of the party. This means that they are subject to the same rules on donations.
(4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌4(4))

Public funding

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election

Yes. (1) State budget financing shall be granted to a political organisation (party) for which more than two percent of voters have voted in the previous Saeima elections, in the amount of 0.71 euros in a calendar year for each vote acquired.
(
Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.‌1(1))

Eligibility criteria for direct public funding to political parties: Representation in elected body

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Participation in election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Number of candidates

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of seats in previous election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of votes in next election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Registration as a political party

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of seats in next election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Number of members

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Other

No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Equal

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Proportional to seats received

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Flat rate by votes received

Yes. (1) State budget financing shall be granted to a political organisation (party) for which more than two percent of voters have voted in the previous Saeima elections, in the amount of 0.71 euros in a calendar year for each vote acquired.
(
Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.‌1(1))

Allocation calculations for direct public funding to political parties: Share of expenses reimbursed

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Proportional to candidates fielded

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Number of members

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Other

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending

Yes. (1) A political organisation (party) is entitled to spend State budget financing on:
7) pre-election campaigns.
( Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.‌4(1))

Earmarking provisions for direct public funding to political parties: Ongoing party activities

Yes. (1) A political organisation (party) is entitled to spend State budget financing on:
3) work remuneration and other payments to natural persons connected with the operations of the relevant political organisation (party) or the operations of the association of the relevant political organisation (party);
( Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.‌4(1))

Earmarking provisions for direct public funding to political parties: Intra-party institution

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties: Other

Yes. (1) A political organisation (party) is entitled to spend State budget financing on:
1) premise hire and services connected to premise hire, including the organisation of meetings;
2) communication and Internet services;
4) sworn auditor services;
5) research work;
6) the organisation of educational events intended for inhabitants, including public events, seminars, charity events, and the publication and distribution of books, booklets, excluding the ensuring of catering services; and
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.‌4(1))

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal

Yes. 6(1) Deputy candidates who are on the list of deputy candidates of the same title have rights to use the State ensured free of charge broadcasting time for the pre-election campaign in the first television and radio programme of the public electronic mass media in cases, in accordance with the procedures and within the amount set out in this Chapter. 7(1) Deputy candidates who are in the list of deputy candidates of the same title have the right before the elections of the Saeima, the European Parliament and the elections of local governments to use the State ensured free of charge broadcasting time for pre-election campaign in the first television and radio programme of the public electronic mass media four times for five minutes in the period from the 25th day until the penultimate day before the election day.
7(2) If the Saeima is dissolved or recalled, deputy candidates who are in the list of deputy candidates of the same title have the right to use the State ensured free of charge broadcasting time for pre-election campaign in the first television and radio programme of the public electronic mass media two times for five minutes in the period from the seventh day until the penultimate day beofre the election day.
(Law on Pre-Election Campaign, 2013, amended 2014, Sections 6(1) and 7, )

Allocation criteria for free or subsidized access to media for political parties: Number of candidates

No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties: Share of seats

No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election

No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties: Other

No. Absent from legal framework
( )

Are there provisions for free or subsidized access to media for candidates?

Yes. 6(1) Deputy candidates who are on the list of deputy candidates of the same title have rights to use the State ensured free of charge broadcasting time for the pre-election campaign in the first television and radio programme of the public electronic mass media in cases, in accordance with the procedures and within the amount set out in this Chapter.
(Law on Pre-Election Campaign, 2013, amended 2014, Section 6(1), )

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings

Yes. 25. State authorities and authorities of derived public persons and capital companies, in which more than 50 per cent of capital shares (stocks) belong to the State or derived public persons, may grant premises to the campaigner where to organise meetings with voters free of charge or for payment which does not exceed the actual maintenance expenses of such premises.
(Law on Pre-Election Campaign, 2013, amended 2014, Section 25)

Provisions for any other form of indirect public funding: Space for campaign materials

Yes. 24(1). It is prohibited to place and distribute the materials of pre-election campaign in the premises of the buildings where State authorities and authorities of derived public persons and capital companies, in which more than 50 per cent of capital shares (stocks) belong to the State or derived public persons, are located, as well as in the shared-use facilities of such buildings.
24(2). This restriction shall not apply to the materials of informative nature by the Central Election Commission on the elections of the Saeima, elections to the European Parliament and the elections of local governments, as well as to the cases referred to in Section 25 of this
Law.
(Law on Pre-Election Campaign, 2013, amended 2014, Section 24)

Provisions for any other form of indirect public funding: Tax relief

Yes. 5. Natural persons who have, in compliance with the provisions of this Law, given (donated) financial resources or property to a political organisation (party) shall be exempted from payment of the relevant State fees.
(Law on financing of political organisations (parties), 1995, amended in 2014, Section 5)

Provisions for any other form of indirect public funding: Free or subsidised transport

No. Absent from legal framework

Provisions for any other form of indirect public funding: Free or subsidised postage cost

No. Absent from legal framework

Provisions for any other form of indirect public funding: Other

No. Absent from legal framework

Is the provision of direct public funding to political parties related to gender equality among candidates?

No. Absent from legal framework

Are there provisions for other financial advantages to encourage gender equality in political parties?

No. Absent from legal framework

Regulations on spending

Is there a ban on vote buying?

Yes. For a person who knowingly commits hindrance of the right to freely elect members of the parliament and to be elected or to freely participate in a national referendum organised in accordance with the laws of the Republic of Latvia, by the use of violence, fraud, threats, payoffs, or other unlawful means, the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine.
(Criminal Law, 1998, amended 2013. Section 90(2))

Are there bans on state resources being used in favour or against a political party or candidate?

Yes. 24(1). It is prohibited to place and distribute the materials of pre-election campaign in the premises of the buildings where State authorities and authorities of derived public persons and capital companies, in which more than 50 per cent of capital shares (stocks) belong to the State or derived public persons, are located, as well as in the shared-use facilities of such buildings.
24(2). This restriction shall not apply to the materials of informative nature by the Central Election Commission on the elections of the Saeima, elections to the European Parliament and the elections of local governments, as well as to the cases referred to in Section 25 of this
Law.
1. The purpose of this Law is to ensure that the financial resources and property of the State and local governments is utilised lawfully and in conformity with the public interest, to prevent the squandering and ineffective utilisation of such financial resources and property, as well as to restrict corruption of State officials.‌
(
Law on Pre-Election Campaign, 2013, amended 2014, Section 24
Law On Prevention of Squandering of the Financial Resources and Property of the State and Local Governments, 1995, amended 2001, Section 1)

Are there limits on the amount a political party can spend?

Yes. There are different limits for Parliamentary, Local Government and European Parliament election expenses. Section 8.4 provides comprehensive detail too long to include in this table.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014,Section 8.‌4)

Are there limits on the amount a candidate can spend?

Yes. (4) If a list of candidates is submitted by a registered or unregistered association of political organisations (parties), the expenses borne for the purpose by the political organisations (parties) that have formed such association, shall also be considered as pre-election expenses thereof.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.4(4))

Reporting, oversight and sanctions

Reporting standards

Do political parties have to report regularly on their finances?

Yes. (1) A political organisation (party) shall prepare annual report regarding each reporting year in accordance with the Law on Accounting and other regulatory enactments.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.‌5(1))

Do political parties have to report on their finances in relation to election campaigns?

Yes. (1) The political organisations (parties) which have submitted their lists of candidates for the election to the Saeima, local government councils (parish councils) or the European Parliament, shall submit to the Corruption Prevention and Combating Bureau a declaration of income and expenses of elections signed by the board of the relevant political organisation (party) or authorised person thereof in accordance with the procedures specified by the Cabinet within a period of 30 days after the election of the Saeima, local government councils (parish councils) or the European Parliament.
( Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.2(1))

Is information in reports from political parties and/​or candidates to be made public?

Yes. (3) Within 15 days after the receipt of a gift (donation) the political organisation (party) shall inform the Corruption Prevention and Combating Bureau thereof. The Corruption Prevention and Combating Bureau shall publish information on its Internet homepage regarding gifts (donations) received by a political organisation (party). The information to be indicated in the report of a political organisation (party) and the procedures for the submission thereof, as well as the procedures by which information shall be published regarding the gifts (donations) received by a political organisation (party) and the content of this information shall be determined by the Cabinet.
Also:
(1) The financial and economic activities of political organisations (parties) shall be transparent and publicly available.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 4(3) & 9(1) )

Must reports from political parties and/​or candidates reveal the identity of donors?

Yes. (1) Financing of political organisations (parties) in the form of anonymous gifts (donations) is prohibited.
(2) Within the meaning of this Law a gift (donation) is anonymous if in the accounting documents of the political organisation (party) the given name, surname, personal identification number and place of residence in respect of the giver (donor) – a natural person – are not indicated.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7(1) & (2))

Yes. (1) The political organisations (parties) which have submitted their lists of candidates for the election to the Saeima, local government councils (parish councils) or the European Parliament, shall submit to the Corruption Prevention and Combating Bureau a declaration
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.2(1))

Yes. (3) The Corruption Prevention and Combating Bureau shall perform an audit of declarations of income and expenses of elections and shall, within six months from the closing date of the period for submitting the declarations, inform at once the public regarding all breaches of the provisions for the financing of political organisations (parties) identified in all those declarations submitted, as well as regarding the measures carried out for the prevention thereof.
(10) If the Corruption Prevention and Combating Bureau identifies a violation of the provisions of Section 2, Paragraph three, Section 4, Paragraph one and Section 6, Paragraph one, the Head of the Corruption Prevention and Combating Bureau has a duty to
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 8.2(3) & 10(1.1))

Other institutions with a formal role in political finance oversight

Institutions with a formal role in political finance oversight: Court

No. Absent from legal framework

Institutions with a formal role in political finance oversight: Ministry

No. Absent from legal framework

Institutions with a formal role in political finance oversight: Auditing agency

No. Absent from legal framework

Institutions with a formal role in political finance oversight: EMB

No. Absent from legal framework

Institutions with a formal role in political finance oversight: Institution for this purpose

No. Absent from legal framework

Institutions with a formal role in political finance oversight: Other

No. Absent from legal framework

Sanctions for political finance infractions

Sanctions for political finance infractions: Fines

Yes. For the illegal financing of political organisations (parties) or associations of political organisations (associations) on a large scale, the applicable punishment is deprivation of liberty for a term not exceeding two years or temporary deprivation of liberty, or community service, or a fine.
(Criminal Law, 1998, amended 2013. Section 288.2 (1))

Sanctions for political finance infractions: Loss of public funding

Yes. (4) The Corruption Prevention and Combating Bureau shall take a decision regarding the suspension of the disbursement of State budget financing, if:
1) the operations of a political organisation (party) are suspended – for the period of the suspension of the operations of the political organisation (party);
2) the political organisation (party) has not submitted its annual report or declaration of income and expenses of elections for the previous year – for the next calendar year; or
3) violation of the provisions of Section 7.4 of this Law is determined and the decision regarding the application of a punishment has come into effect – for one year.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 7.3(4))

Sanctions for political finance infractions: Penal/Criminal

Yes. (1) For the illegal financing of political organisations (parties) or associations of political organisations (associations) on a large scale, the applicable punishment is deprivation of liberty for a term not exceeding two years or temporary deprivation of liberty, or community service, or a fine.
(2) For the activities provided for in Paragraph one of this Section, if they have been committed by a group of persons pursuant to prior agreement, the applicable punishment is deprivation of liberty for a term not exceeding four years or temporary deprivation of liberty, or community service, or a fine.
(Criminal Law, 1998, amended 2013. Section 288.‌2)

Sanctions for political finance infractions: Forfeiture

Yes. (1.1) If the Corruption Prevention and Combating Bureau identifies a violation of the first paragraph of Section 4, the Head of the Corruption Prevention and Combating Bureau has a duty to charge the relevant political organisation (party) to repay the illegally acquired financial assets to the payer within 30 days, but to return the property to the giver thereof. If the political organisation (party) fails to repay the illegally acquired financial assets to the payer or to return the property to the giver thereof within 30 days after the time of the notification of the relevant decision, the Head of the Bureau for the Prevention and Combating of Corruption has the duty to charge the relevant political organisation (party) to include the illegally acquired financial assets into the State budget within 30 days, and to transfer the property to the State property. Upon a motivated request from the relevant political organisation (party) the Head of the Corruption Prevention and Combating Bureau may divide the repayment of the financial assets into periods or extend the period of repayment of financial assets, but not longer than for 90 days.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 10 (1.1))

Sanctions for political finance infractions: Deregistration of party

Yes. (6) If the political organisation (party) fails to comply with the court judgment on suspension of activity or fails to prevent the breach of law in the period appointed by the court, the Head of the Corruption Prevention and Combating Bureau has the duty to initiate termination of the activity of the relevant political organisation (party) through court.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 10 (6))

Sanctions for political finance infractions: Loss of elected office

No. Absent from legal framework

Sanctions for political finance infractions: Suspension of political party

Yes. (5) If a political organisation (party) fails to fulfil the obligation determined in Paragraphs 1.1, two, 2.1 and three of this Section within the term period determined by the Corruption Prevention and Combating Bureau or within a month after forwarding of a warning fails to submit the declaration of income and expenses of elections referred to in this Law or the annual report, the Head of the Corruption Prevention and Combating Bureau has a duty to initiate suspension of the activity of the relevant political organisation (party) through court within a month.
(Law on Financing of Political Organisations (Parties), 1995, amended 2014, Section 10 (5))

Sanctions for political finance infractions: Loss of nomination of candidate

No. Absent from legal framework

Sanctions for political finance infractions: Loss of political rights

No. Absent from legal framework

Sanctions for political finance infractions: Other

No. Absent from legal framework

Qualitative data for 2017

Legislation

Law on Financing of Political Organisations (Parties), 1995, amended 2011 (English)

Financial Disclosure

The Law on Prevention of Conflict of Interest (2002, last amended 2016) sets down the same disclosure requirements for all Latvian public officials, namely Head of State, Ministers, Members of Parliament, and Civil Servants. These include declaring real estate, movable assets, cash, debt, and gifts that exceed the value of the minimum wage. Additionally, income from outside employment, all other positions held, firm ownership, and shares in public or private companies must be disclosed. Ministers and MPs are additionally required to disclose participation in government contracts. Only the Head of State and Civil Servants are required to disclose any positions that would constitute a conflict of interests for two years after ending tenure.

The law requires all public officials to make declarations upon taking and leaving office, and to update them annually. The Administrative Violations Code (1985, amended 2016) and the Criminal Law (1998, amended 2016) specify sanctions for late filling, non-filling, and making false disclosure. These include fines and imprisonment. The State Revenue Service functions as depository body for all public officials. Additionally, the Prevention and Combating of Corruption Bureau is tasked with verifying the accuracy of declarations and enforcing financial disclosure legislation. All public officials’ declarations are made publicly available electronically. However, only those parts of declarations which do not harm the protection of personal data are published.

Head of State

Disclosure items

Spouses and children included in disclosure

Yes. Name of the spouse is included in the declaration; property of dependents is included
(Article 24 (1.1) (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income and Assets

Real estate

Yes. Real estate must be disclosed.
(Article 24 (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Movable assets

Yes. Movable assets must be disclosed.
(Article 24 (1.6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cash

Yes. The President is required to disclose cash savings if it exceeds twenty months’ wages.
(Article 24 (1.7) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Loans and Debts

Yes. The President is required to disclose loans and debts if the amount exceeds 20 minimum monthly wages.
(Article 24 (1.10) (1.11) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income from outside employment/assets

Yes. The President is required to disclose all income earned in the period covered by the asset declaration.
(Article 24 (1.8) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Incompatibilities

Gifts received as a public official

No. Absent from legal framework.

Private firm ownership and/or stock holdings

Yes. The Head of State is required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The President may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The Head of State is required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The President may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

Yes. The Head of state is required to disclose all other positions held. The president may not be a partner in a company that receives orders for public produrement
(Article 10 (1) and Article 24 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Post-employment

Yes. The Head of state is required to disclose all other positions held that would violate public/public incompatibilities within 2 years of leaving office.
(Articles 24 (1.3) and 25 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. The Head of state is required to disclose all other positions held.
(Article 24 (1.3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Participating in official decision-making processes that affect private interests

Yes. A public official is prohibited, in the performance of the duties of the public
official, to prepare or issue administrative acts, perform the supervision, control, inquiry or punitive functions, enter into contracts or perform other activities in which such public officials, their relatives or counterparties are personally or financially interested.
(Article 11 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Concurrent employment of family members in public sector

No. Absent from legal framework.

Filing frequency

Filing required upon taking office

Yes. A person, upon assuming office, shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when a decision was taken regarding his or her the appointment, election or approval in the office of the public official or from the day the term of office of members of the Saeima or the councillors of local government city councils (parish or district councils) has begun in accordance with law.
(Article 25 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required upon leaving office

Yes. If a person has held the office of a public official for more than three months, he or she, upon ending the duties of office of the public official, shall submit the declaration referred to in Section 23, Paragraph one, Clause 3 of this Law within a time period of one month after the last day of the performance of the duties of the office.
(Article 25 (3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required annually

Yes. A public official shall submit each year by 1 April the declaration referred to in Section 23, Paragraph one, Clause 2 of this Law.
(Article 25 (2) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ad hoc filing required upon change in assets or conflicts of interest

No. Absent from legal framework.

Sanctions

Yes. Public officials are subject to fines and administrative sanctions (dismissal, forfeiture of right to hold office) for late filing of declarations. Public officials are also subject to penal sanctions for violations of disclosure requirements.
(
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 298 of Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied for violations of disclosure requirements. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property.
(Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 219 Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied to the Head of State for declaration or specification of false statements in the declaration. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property. According to Article 299 of The Criminal Law, public officials are subject to deprivation of liberty for a term not exceeding one year, or a fine not exceeding fifty times the minimum monthly wage, for knowingly submitting a false report. A public official has a duty to compensate for the caused losses
(Article 30 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016)
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Articles 219 and 299 Criminal Law (adopted in 1998, amended in 2016)

Monitoring and Oversight

Depository body explicitly identified

Yes. State Revenue Service
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Enforcement body explicitly identified

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying submission

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person verify submissions.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying accuracy

Yes. According to Sections 27 and 28 of Law on Prevention of Conflict of Interest in activities of Public Officials, the Prevention and Combating of Corruption Bureau, the Constitution Protection Bureau and the Prime Minister are assigned the legal responsibility to verify if the declarations contain any violations of the Law. However, the Law is not clear regarding which body is assigned the authority for content verification.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Public access to declarations

Public availability

Yes. In order to ensure the protection of personal data, the declarations shall contain a part that is publicly accessible and a part that is not publicly accessible.
(Article 26 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Timing of information release specified

Yes. (6) The data to be published indicated in the declarations of the President, members of the Saeima, Prime Minister, Deputy Prime Ministers, Ministers, Ministers for Special Assignments, Parliamentary Secretaries and councillors of city councils shall be published electronically not later than within one month, but the data to be published indicated in the declarations of other public officials not later than within three months after the submission
thereof to the State Revenue Service.
(Article 26 (6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Location(s) of access specified

Yes. Declaration will be published electronically.
(Article 26 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cost of access specified

No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure

Yes. Name of the spouse is included in the declaration; property of dependents is included
(Article 24 (1.1) (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income and Assets

Real estate

Yes. Real estate must be disclosed.
(Article 24 (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Movable assets

Yes. Movable assets must be disclosed.
(Article 24 (1.6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cash

Yes. The President is required to disclose cash savings if it exceeds twenty months’ wages.
(Article 24 (1.7) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Loans and Debts

Yes. The President is required to disclose loans and debts if the amount exceeds 20 minimum monthly wages.
(Article 24 (1.10) (1.11) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income from outside employment/assets

Yes. The President is required to disclose all income earned in the period covered by the asset declaration.
(Article 24 (1.8) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Incompatibilities

Gifts received as a public official

No. Absent from legal framework.

Private firm ownership and/or stock holdings

Yes. The ministers are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The ministers may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The ministers are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The ministers may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

Yes. The ministers are required to disclose all other positions held. A minister may not be a partner in a company that receives orders for public produrement
(Article 10 (1) and Article 24 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Post-employment

Yes. The ministers are required to disclose all other positions held that would violate public/public incompatibilities within 2 years of leaving office.
(Articles 24 (1.3) and 25 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. The Head of state is required to disclose all other positions held.
(Article 24 (1.3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Participating in official decision-making processes that affect private interests

Yes. A public official is prohibited, in the performance of the duties of the public
official, to prepare or issue administrative acts, perform the supervision, control, inquiry or punitive functions, enter into contracts or perform other activities in which such public officials, their relatives or counterparties are personally or financially interested.
(Article 11 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Concurrent employment of family members in public sector

No. Absent from legal framework.

Filing frequency

Filing required upon taking office

Yes. A person, upon assuming office, shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when a decision was taken regarding his or her the appointment, election or approval in the office of the public official or from the day the term of office of members of the Saeima or the councillors of local government city councils (parish or district councils) has begun in accordance with law.
(Article 25 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required upon leaving office

Yes. If a person has held the office of a public official for more than three months, he or she, upon ending the duties of office of the public official, shall submit the declaration referred to in Section 23, Paragraph one, Clause 3 of this Law within a time period of one month after the last day of the performance of the duties of the office.
(Article 25 (3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required annually

Yes. A public official shall submit each year by 1 April the declaration referred to in Section 23, Paragraph one, Clause 2 of this Law.
(Article 25 (2) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ad hoc filing required upon change in assets or conflicts of interest

No. Absent from legal framework.

Sanctions

Yes. Public officials are subject to fines and administrative sanctions (dismissal, forfeiture of right to hold office) for late filing of declarations. Public officials are also subject to penal sanctions for violations of disclosure requirements.
(
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 298 of Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied for violations of disclosure requirements. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property.
(Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 219 Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied to the Head of State for declaration or specification of false statements in the declaration. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property. According to Article 299 of The Criminal Law, public officials are subject to deprivation of liberty for a term not exceeding one year, or a fine not exceeding fifty times the minimum monthly wage, for knowingly submitting a false report. A public official has a duty to compensate for the caused losses
(Article 30 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016)
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Articles 219 and 299 Criminal Law (adopted in 1998, amended in 2016)

Monitoring and Oversight

Depository body explicitly identified

Yes. State Revenue Service
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Enforcement body explicitly identified

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying submission

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person verify submissions.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying accuracy

Yes. According to Sections 27 and 28 of Law on Prevention of Conflict of Interest in activities of Public Officials, the Prevention and Combating of Corruption Bureau, the Constitution Protection Bureau and the Prime Minister are assigned the legal responsibility to verify if the declarations contain any violations of the Law. However, the Law is not clear regarding which body is assigned the authority for content verification.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Public access to declarations

Public availability

Yes. In order to ensure the protection of personal data, the declarations shall contain a part that is publicly accessible and a part that is not publicly accessible.
(Article 26 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Timing of information release specified

Yes. (6) The data to be published indicated in the declarations of the President, members of the Saeima, Prime Minister, Deputy Prime Ministers, Ministers, Ministers for Special Assignments, Parliamentary Secretaries and councillors of city councils shall be published electronically not later than within one month, but the data to be published indicated in the declarations of other public officials not later than within three months after the submission
thereof to the State Revenue Service.
(Article 26 (6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Location(s) of access specified

Yes. Declaration will be published electronically.
(Article 26 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cost of access specified

No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure

Yes. Name of the spouse is included in the declaration; property of dependents is included
(Article 24 (1.1) (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income and Assets

Real estate

Yes. Real estate must be disclosed.
(Article 24 (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Movable assets

Yes. Movable assets must be disclosed.
(Article 24 (1.6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cash

Yes. The MEPs are required to disclose cash savings if it exceeds twenty months’ wages.
(Article 24 (1.7) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Loans and Debts

Yes. The MEPs are required to disclose loans and debts if the amount exceeds 20 minimum monthly wages.
(Article 24 (1.10) (1.11) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income from outside employment/assets

Yes. The MEPs are required to disclose all income earned in the period covered by the asset declaration.
(Article 24 (1.8) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Incompatibilities

Gifts received as a public official

No. Absent from legal framework.

Private firm ownership and/or stock holdings

Yes. The MEPs are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The MEPs may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The MEPs are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. The MEPs may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

Yes. The MEPs are required to disclose all other positions held. The president may not be a partner in a company that receives orders for public produrement
(Article 10 (1) and Article 24 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Post-employment

Yes. The MEPs are required to disclose all other positions held that would violate public/public incompatibilities within 2 years of leaving office.
(Articles 24 (1.3) and 25 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. The Head of state is required to disclose all other positions held.
(Article 24 (1.3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Participating in official decision-making processes that affect private interests

Yes. A public official is prohibited, in the performance of the duties of the public
official, to prepare or issue administrative acts, perform the supervision, control, inquiry or punitive functions, enter into contracts or perform other activities in which such public officials, their relatives or counterparties are personally or financially interested.
(Article 11 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Concurrent employment of family members in public sector

No. Absent from legal framework.

Filing frequency

Filing required upon taking office

Yes. A person, upon assuming office, shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when a decision was taken regarding his or her the appointment, election or approval in the office of the public official or from the day the term of office of members of the Saeima or the councillors of local government city councils (parish or district councils) has begun in accordance with law.
(Article 25 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required upon leaving office

Yes. If a person has held the office of a public official for more than three months, he or she, upon ending the duties of office of the public official, shall submit the declaration referred to in Section 23, Paragraph one, Clause 3 of this Law within a time period of one month after the last day of the performance of the duties of the office.
(Article 25 (3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required annually

Yes. A public official shall submit each year by 1 April the declaration referred to in Section 23, Paragraph one, Clause 2 of this Law.
(Article 25 (2) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ad hoc filing required upon change in assets or conflicts of interest

No. Absent from legal framework.

Sanctions

Yes. Public officials are subject to fines and administrative sanctions (dismissal, forfeiture of right to hold office) for late filing of declarations. Public officials are also subject to penal sanctions for violations of disclosure requirements.
(
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 298 of Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied for violations of disclosure requirements. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property.
(Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 219 Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied to the Head of State for declaration or specification of false statements in the declaration. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property. According to Article 299 of The Criminal Law, public officials are subject to deprivation of liberty for a term not exceeding one year, or a fine not exceeding fifty times the minimum monthly wage, for knowingly submitting a false report. A public official has a duty to compensate for the caused losses
(Article 30 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016)
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Articles 219 and 299 Criminal Law (adopted in 1998, amended in 2016)

Monitoring and Oversight

Depository body explicitly identified

Yes. State Revenue Service
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Enforcement body explicitly identified

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying submission

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person verify submissions.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying accuracy

Yes. According to Sections 27 and 28 of Law on Prevention of Conflict of Interest in activities of Public Officials, the Prevention and Combating of Corruption Bureau, the Constitution Protection Bureau and the Prime Minister are assigned the legal responsibility to verify if the declarations contain any violations of the Law. However, the Law is not clear regarding which body is assigned the authority for content verification.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Public access to declarations

Public availability

Yes. In order to ensure the protection of personal data, the declarations shall contain a part that is publicly accessible and a part that is not publicly accessible.
(Article 26 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Timing of information release specified

Yes. (6) The data to be published indicated in the declarations of the President, members of the Saeima, Prime Minister, Deputy Prime Ministers, Ministers, Ministers for Special Assignments, Parliamentary Secretaries and councillors of city councils shall be published electronically not later than within one month, but the data to be published indicated in the declarations of other public officials not later than within three months after the submission
thereof to the State Revenue Service.
(Article 26 (6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Location(s) of access specified

Yes. Declaration will be published electronically.
(Article 26 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cost of access specified

No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure

Yes. Name of the spouse is included in the declaration; property of dependents is included
(Article 24 (1.1) (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income and Assets

Real estate

Yes. Real estate must be disclosed.
(Article 24 (1.4) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Movable assets

Yes. Movable assets must be disclosed.
(Article 24 (1.6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Cash

Yes. The civil servants are required to disclose cash savings if it exceeds twenty months’ wages.
(Article 24 (1.7) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Loans and Debts

Yes. The civil servants are required to disclose loans and debts if the amount exceeds 20 minimum monthly wages.
(Article 24 (1.10) (1.11) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Income from outside employment/assets

Yes. The civil servants are required to disclose all income earned in the period covered by the asset declaration.
(Article 24 (1.8) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Incompatibilities

Gifts received as a public official

No. Absent from legal framework.

Private firm ownership and/or stock holdings

Yes. The civil servants are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. A civil servant may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The civil servants are required to disclose private firm ownership and sources of unearned income, such as capital shares, stock and securities. A civil servant may not be among the shareholders of companies that receive orders for public procurement.
(Article 24 (1.5) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

Yes. The civil servants are required to disclose all other positions held. The president may not be a partner in a company that receives orders for public produrement
(Article 10 (1) and Article 24 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Post-employment

Yes. The civil servants are required to disclose all other positions held that would violate public/public incompatibilities within 2 years of leaving office.
(Articles 24 (1.3) and 25 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. The civil servants are required to disclose all other positions held.
(Article 24 (1.3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Participating in official decision-making processes that affect private interests

Yes. A public official is prohibited, in the performance of the duties of the public
official, to prepare or issue administrative acts, perform the supervision, control, inquiry or punitive functions, enter into contracts or perform other activities in which such public officials, their relatives or counterparties are personally or financially interested.
(Article 11 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Concurrent employment of family members in public sector

No. Absent from legal framework.

Filing frequency

Filing required upon taking office

Yes. A person, upon assuming office, shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when a decision was taken regarding his or her the appointment, election or approval in the office of the public official or from the day the term of office of members of the Saeima or the councillors of local government city councils (parish or district councils) has begun in accordance with law.
(Article 25 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required upon leaving office

Yes. If a person has held the office of a public official for more than three months, he or she, upon ending the duties of office of the public official, shall submit the declaration referred to in Section 23, Paragraph one, Clause 3 of this Law within a time period of one month after the last day of the performance of the duties of the office.
(Article 25 (3) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Filing required annually

Yes. A public official shall submit each year by 1 April the declaration referred to in Section 23, Paragraph one, Clause 2 of this Law.
(Article 25 (2) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Ad hoc filing required upon change in assets or conflicts of interest

No. Absent from legal framework.

Sanctions

Yes. Public officials are subject to fines and administrative sanctions (dismissal, forfeiture of right to hold office) for late filing of declarations. Public officials are also subject to penal sanctions for violations of disclosure requirements.
(
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 298 of Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied for violations of disclosure requirements. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property.
(Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Article 219 Criminal Law (adopted in 1998, amended in 2016))

Yes. According to Article 166.27 of Administrative Violations Code, fines are applied to the Head of State for declaration or specification of false statements in the declaration. Article 219 (2). The false data in the statutory income, property, business or other property nature in the declaration if the false statements listed on the property or other income on a large scale, shall be punished by temporary imprisonment or community service, or a fine. (3) The statutory declarable assets or other income the source failure or for giving false information about the declared property or other income source, if the following information as provided by law requested by an authorized state body and if false information indicated on the property or other income a largescale, shall be punished by imprisonment for a term not exceeding two years, or a short­term imprisonment or community service, or a fine, confiscation of property or without confiscation of property. According to Article 299 of The Criminal Law, public officials are subject to deprivation of liberty for a term not exceeding one year, or a fine not exceeding fifty times the minimum monthly wage, for knowingly submitting a false report. A public official has a duty to compensate for the caused losses
(Article 30 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016)
Article 166.27 of Administrative Violations Code (adopted in 1985, as in force in 2016)
Articles 219 and 299 Criminal Law (adopted in 1998, amended in 2016)

Monitoring and Oversight

Depository body explicitly identified

Yes. State Revenue Service
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Enforcement body explicitly identified

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying submission

Yes. The State Revenue Service, Constitution Protection Bureau, the Prime Minister or his or her authorised person verify submissions.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Some agency assigned responsibility for verifying accuracy

Yes. According to Sections 27 and 28 of Law on Prevention of Conflict of Interest in activities of Public Officials, the Prevention and Combating of Corruption Bureau, the Constitution Protection Bureau and the Prime Minister are assigned the legal responsibility to verify if the declarations contain any violations of the Law. However, the Law is not clear regarding which body is assigned the authority for content verification.
(Article 28 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Public access to declarations

Public availability

Yes. In order to ensure the protection of personal data, the declarations shall contain a part that is publicly accessible and a part that is not publicly accessible.
(Article 26 (1) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Timing of information release specified

Yes. The data to be published indicated in the declarations of the President, members of the Saeima, Prime Minister, Deputy Prime Ministers, Ministers, Ministers for Special Assignments, Parliamentary Secretaries and councillors of city councils shall be published electronically not later than within one month, but the data to be published indicated in the declarations of other public officials not later than within three months after the submission
thereof to the State Revenue Service.
(Article 26 (6) of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Location(s) of access specified

Yes. Declaration will be published electronically.
(Article 26 of Law on Prevention of Conflict of Interest in activities of Public Officials (adopted in 2002, amended in 2016))

Conflict of Interest

The Latvian Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016) includes a general clause for all public officials to avoid conflicts of interests. Further limitations regarding conflicts of interests are very similar for all public officials. The Head of State, Ministers, and Members of Parliament may not accept gifts, hold shares in private or public companies, or hold government contracts. Meanwhile, Civil Servants are only hindered from accepting gifts or participating in a private company. Furthermore, no public official may become employed or acquire shares of an actor that was previously under their supervision for two years after ending tenure. No laws exist that prevent public officials from participating in a decision which affects private interests.

Should public officials violate regulations on conflicts of interests, they may face fines, removal from office or prison sentences. The Corruption Prevention and Combating Bureau functions as monitoring and enforcement body for Head of State, Ministers, MPs, and Civil Servants.

Head of State

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

Yes. A public official in fulfilling the duties of office is permitted to accept gifts if they are diplomatic gifts or they are presented: 1) within the framework of State, official and working visits in Latvia or abroad; 2) by officials of foreign states or international organisations to the public officials working in diplomatic and consular missions of the Republic of Latvia; 3) to a public official as a representative of the State or local government authority on public holidays and on days of commemoration and celebration; 4) to a public official by the State or local government authority in which the relevant person fulfils the duties of the office.
Within the meaning of this Law, a gift is any financial or other kind of benefits (including services, granting and transfer of rights, release from obligations, waiver of a right, as well as other activities the result of which a benefit is created), the beneficiary of which directly or indirectly is the public official.
(Section 13-13.1 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Private firm ownership and/or stock holdings

Yes. A public official shall not obtain income from capital shares and stock, as well as from any kind of securities in commercial companies that are registered in tax-free or low-tax countries and territories in accordance with Cabinet regulations
(Section 9(3) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The President and the Vice-President shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Holding government contracts

Yes. The President and the Vice-President shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

Yes. A public official, for two years after he or she has ceased to perform the duties of the relevant office of the public official in a State or local government authority, is prohibited to obtain the property of such merchant, as well as to become a shareholder, stockholder, partner or hold an office in those commercial companies, in relation to which during performing his or her duties this public official has taken decisions on procurement for State or local government needs, allocation of State or local government resources and State or local government privatisation fund resources or has performed supervision, control or punitive functions.
(Section 10(7) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. The office of the President shall not be held concurrently with any other office. If the person elected as President is a member of the Saeima, he or she shall resign his or her mandate as a member of the Saeima.
Public officials are permitted to combine an office of the public official with another office, in the performance of a work-performance contract or in the economic activity of the individual merchant status, or registering for the State Revenue Service as a performer of economic activity according to the law" On Personal Income Tax " if restrictions on the combining of the offices of the public official are not provided for in this Law or other laws and regulations.
Combining the office of the President with another office shall be determined by the Constitution of the Republic of Latvia.
(Article 38 of the Consitution (1922, last amended in 2007)
Section 6(1)-7(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Participating in official decision-making processes that affect private interests

No. Absent from legal framework.

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. For administrative offence, a fine up to €355 can be imposed and the deprivation of the right to hold public office could be imposed. For criminal offence, a non-specified fine can be imposed.
(Articles 166.27, 166.28, 166.29, 166.30, 166.31, 166.33 of the Administrative Violations Code (1985, last amended in 2016)
Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Yes. Administrative sanctions range from a fine (up to a maximum of €350) to, in some instances, a suspension or prohibition from holding office.
(Articles 166.27, 166.28, 166.29, 166.30, 166.31, 166.33 of the Administrative Violations Code (1985, last amended in 2016))

Yes. For a State Official, who holds a responsible position, who commits intentional violation of the restrictions or prohibitions imposed on State officials specified by law, if substantial harm has been caused thereby to the interests of the State or of the public, or to interests protected by law of a person, the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
For a State Official, who holds a responsible position, who commits facilitating property transactions or participating in such transactions, if commission thereof is for purposes of acquiring property or due to other personal interest by a State official who, in connection with his or her official position, is prohibited from such transactions by law,
the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
(Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

Yes. Corruption Prevention and Combating Bureau control implementation of the Law on Prevention of Conflict of Interest.
(Secion 7 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Enforcement body specified (sanctions, hearings)

Yes. The State Revenue Service is entrusted with investigative and sanctioning attributions.
(Chapter 4 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Ministers

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

Yes. A public official in fulfilling the duties of office is permitted to accept gifts if they are diplomatic gifts or they are presented: 1) within the framework of State, official and working visits in Latvia or abroad; 2) by officials of foreign states or international organisations to the public officials working in diplomatic and consular missions of the Republic of Latvia; 3) to a public official as a representative of the State or local government authority on public holidays and on days of commemoration and celebration; 4) to a public official by the State or local government authority in which the relevant person fulfils the duties of the office.
Within the meaning of this Law, a gift is any financial or other kind of benefits (including services, granting and transfer of rights, release from obligations, waiver of a right, as well as other activities the result of which a benefit is created), the beneficiary of which directly or indirectly is the public official.
(Section 13-13(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Private firm ownership and/or stock holdings

Yes. A public official shall not obtain income from capital shares and stock, as well as from any kind of securities in commercial companies that are registered in tax-free or low-tax countries and territories in accordance with Cabinet regulations
(Section 9(3) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. The Ministers shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Holding government contracts

Yes. Members of the Saeima shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
Members of the Saeima may not, either personally or in the name of another person, receive government contracts or concessions. The provisions of this Article shall apply to Ministers even if they are not members of the Saeima.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016)
Article 32 of the Consitution (1922, last amended in 2007))

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

Yes. A public official, for two years after he or she has ceased to perform the duties of the relevant office of the public official in a State or local government authority, is prohibited to obtain the property of such merchant, as well as to become a shareholder, stockholder, partner or hold an office in those commercial companies, in relation to which during performing his or her duties this public official has taken decisions on procurement for State or local government needs, allocation of State or local government resources and State or local government privatisation fund resources or has performed supervision, control or punitive functions.
(Section 10(7) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. Public officials are permitted to combine an office of the public official with another office, in the performance of a work-performance contract or authorisation if restrictions on the combining of the offices of the public official are not provided for in this Law or other laws and regulations.
Ministers are permitted to combine their office as public officials only with: 1) offices that they hold in accordance with laws, or international agreements ratified by the Saeima; 2) offices in a trade union, an association or foundation, a political party, a political party union or a religious organisation; 3) the work of a teacher, scientist, doctor, professional athlete and creative work; 4) other offices or work in the Saeima or the Cabinet, if such is specified in decisions of the Saeima and its institutions, or regulations or orders of the Cabinet; 5) offices that they hold in international organisations and institutions if such has been determined by a decision of the Saeima, Cabinet regulations or orders.
(Section 6(1)-7(2) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Participating in official decision-making processes that affect private interests

No. Absent from legal framework.

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. For administrative offence, a fine up to €355 can be imposed. For criminal offence, a non-specified fine can be imposed.
(Articles 166.27, 166.28, 166.29, 166.30, 166.31, 166.33 of the Administrative Violations Code (1985, last amended in 2016)
Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Yes. For a State Official, who holds a responsible position, who commits intentional violation of the restrictions or prohibitions imposed on State officials specified by law, if substantial harm has been caused thereby to the interests of the State or of the public, or to interests protected by law of a person, the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
For a State Official, who holds a responsible position, who commits facilitating property transactions or participating in such transactions, if commission thereof is for purposes of acquiring property or due to other personal interest by a State official who, in connection with his or her official position, is prohibited from such transactions by law,
the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
(Articles 325-326 of the Criminal Law (1998, last amended in 2013))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

Yes. Corruption Prevention and Combating Bureau control implementation of the Law on Prevention of Conflict of Interest.
(Secion 7 of the Law on Corruption Prevention and Combating Bureau (2002, as last amended in 2011))

Enforcement body specified (sanctions, hearings)

Yes. The State Revenue Service is entrusted with investigative and sanctioning attributions.
(Chapter 4 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Members of Parliament

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

Yes. A public official in fulfilling the duties of office is permitted to accept gifts if they are diplomatic gifts or they are presented: 1) within the framework of State, official and working visits in Latvia or abroad; 2) by officials of foreign states or international organisations to the public officials working in diplomatic and consular missions of the Republic of Latvia; 3) to a public person on public holidays and on days of commemoration and celebration; 4) to a public person in which the relevant person fulfils the duties of the office.
Within the meaning of this Law, a gift is any financial or other kind of benefits (including services, granting and transfer of rights, release from obligations, waiver of a right, as well as other activities the result of which a benefit is created), the beneficiary of which directly or indirectly is the public official.
(Section 13-13(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Private firm ownership and/or stock holdings

Yes. A public official shall not obtain income from capital shares and stock, as well as from any kind of securities in commercial companies that are registered in tax-free or low-tax countries and territories in accordance with Cabinet regulations
(Section 9(3) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Ownership of state-owned enterprises (SOEs)

Yes. Members of the Saeima shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Holding government contracts

Yes. Members of the Saeima shall not be the shareholders, stockholders and partners of such commercial companies or such individual merchants as receive orders for procurement for State and local government needs, State financial resources, State-guaranteed credits or State privatisation fund resources, except the cases where they are granted as a result of an open competition.
Members of the Saeima may not, either personally or in the name of another person, receive government contracts or concessions.
(Section 10(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016)
Article 32 of the Consitution (1922, last amended in 2007))

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

Yes. A public official, for two years after he or she has ceased to perform the duties of the relevant office of the public official in a State or local government authority, is prohibited to obtain the property of such merchant, as well as to become a shareholder, stockholder, partner or hold an office in those commercial companies, in relation to which during performing his or her duties this public official has taken decisions on procurement for State or local government needs, allocation of State or local government resources and State or local government privatisation fund resources or has performed supervision, control or punitive functions.
(Section 10(7) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. Public officials are permitted to combine an office of the public official with another office, in the performance of a work-performance contract or authorisation if restrictions on the combining of the offices of the public official are not provided for in this Law or other laws and regulations.
Members of the Saeima are permitted to combine their office as public officials only with: 1) offices that they hold in accordance with laws, or international agreements ratified by the Saeima; 2) offices in a trade union, an association or foundation, a political party, a political party union or a religious organisation; 3) the work of a teacher, scientist, doctor, professional athlete and creative work; 4) other offices or work in the Saeima or the Cabinet, if such is specified in decisions of the Saeima and its institutions, or regulations or orders of the Cabinet; 5) offices that they hold in international organisations and institutions if such has been determined by a decision of the Saeima, Cabinet regulations or orders.
(Section 6(1)-7(2) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Participating in official decision-making processes that affect private interests

No. Absent from legal framework.

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. For administrative offence, a fine up to €350 can be imposed. For criminal offence, a non-specified fine can be imposed.
(Articles 166.27, 166.28, 166.29, 166.30, 166.31, 166.33 of the Administrative Violations Code (1985, last amended in 2016)
Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Yes. For a State Official, who holds a responsible position, who commits intentional violation of the restrictions or prohibitions imposed on State officials specified by law, if substantial harm has been caused thereby to the interests of the State or of the public, or to interests protected by law of a person, the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
For a State Official, who holds a responsible position, who commits facilitating property transactions or participating in such transactions, if commission thereof is for purposes of acquiring property or due to other personal interest by a State official who, in connection with his or her official position, is prohibited from such transactions by law,
the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
(Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

Yes. Corruption Prevention and Combating Bureau control implementation of the Law on Prevention of Conflict of Interest.
(Secion 7 of the Law on Corruption Prevention and Combating Bureau (2002, as last amended in 2011))

Enforcement body specified (sanctions, hearings)

Yes. The State Revenue Service is entrusted with investigative and sanctioning attributions.
(Chapter 4 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Civil servants

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

Yes. A public official in fulfilling the duties of office is permitted to accept gifts if they are diplomatic gifts or they are presented: 1) within the framework of State, official and working visits in Latvia or abroad; 2) by officials of foreign states or international organisations to the public officials working in diplomatic and consular missions of the Republic of Latvia; 3) to a public official as a representative of the State or local government authority on public holidays and on days of commemoration and celebration; 4) to a public official by the State or local government authority in which the relevant person fulfils the duties of the office.
Within the meaning of this Law, a gift is any financial or other kind of benefits (including services, granting and transfer of rights, release from obligations, waiver of a right, as well as other activities the result of which a benefit is created), the beneficiary of which directly or indirectly is the public official.
(Section 13-13(1) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Private firm ownership and/or stock holdings

Yes. A public official shall not obtain income from capital shares and stock, as well as from any kind of securities in commercial companies that are registered in tax-free or low-tax countries and territories in accordance with Cabinet regulations
(Section 9(3) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Ownership of state-owned enterprises (SOEs)

No. Absent from legal framework.

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

Yes. A public official, for two years after he or she has ceased to perform the duties of the relevant office of the public official in a State or local government authority, is prohibited to obtain the property of such merchant, as well as to become a shareholder, stockholder, partner or hold an office in those commercial companies, in relation to which during performing his or her duties this public official has taken decisions on procurement for State or local government needs, allocation of State or local government resources and State or local government privatisation fund resources or has performed supervision, control or punitive functions.
(Section 10(7) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Simultaneously holding policy-making position and policy-executing position

Yes. Public officials are permitted to combine an office of the public official with another office, in the performance of a work-performance contract or authorisation if restrictions on the combining of the offices of the public official are not provided for in this Law or other laws and regulations.
Civil servants may combine the office of public official only with: 1) offices which such persons hold in conformity with laws, and Cabinet regulations and orders; 2) the work of teacher, scientist, doctor, professional athlete and creative work; 3) other offices, in the performance of a work-performance contract or the fulfilment of authorisations if combination thereof does not result in a conflict of interests and written permission of the head of the relevant State or local government institution or a person authorised by him or her has been received; 4) economic activity in the status of an individual merchant, or by registering with the State Revenue Service as a person performing economic activity in accordance the Law On Personal Income Tax, if such combination does not create a conflict of interest and a written permission of the head of the relevant State or local government authority or of his or her authorised person has been received.
(Section 6(1)-7(6) of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Participating in official decision-making processes that affect private interests

No. Absent from legal framework.

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. For administrative offence, a fine up to €350 can be imposed. For criminal offence, a non-specified fine can be imposed.
(Articles 166.27, 166.28, 166.29, 166.30, 166.31, 166.33 of the Administrative Violations Code (1985, last amended in 2016)
Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Yes. For a State Official, who holds a responsible position, who commits intentional violation of the restrictions or prohibitions imposed on State officials specified by law, if substantial harm has been caused thereby to the interests of the State or of the public, or to interests protected by law of a person, the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
For a State Official, who holds a responsible position, who commits facilitating property transactions or participating in such transactions, if commission thereof is for purposes of acquiring property or due to other personal interest by a State official who, in connection with his or her official position, is prohibited from such transactions by law,
the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property and with deprivation of the right to engage in specific employment or to take up a specific office for a term not exceeding five years.
(Articles 325-326 of the Criminal Law (1998, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

Yes. Corruption Prevention and Combating Bureau control implementation of the Law on Prevention of Conflict of Interest.
(Secion 7 of the Law on Corruption Prevention and Combating Bureau (2002, as last amended in 2011))

Enforcement body specified (sanctions, hearings)

Yes. The State Revenue Service is entrusted with investigative and sanctioning attributions.
(Chapter 4 of the Law on Prevention of Conflict of Interest in activities of Public Officials (2002, last amended in 2016))

Freedom of Information

Latvia's legal freedom of information framework is primarily governed by its Constitution (1922) and Freedom of Information Law (1998, amended 2015). The purpose of the Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution has a duty to create. An institution is defined as every institution, as well as persons who implement administrative functions.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law on Official Secrets (1996), and Personal Data Protection Law (2000). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.

Scope and Coverage

Scope of disclosure

Existence of legal right to access

Yes. Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited
(Article 100, Constitution of Latvia, 1922)

"Information" or "Documents" is defined

Yes. 1) information – information or compilations of information, in any technically possible form of fixation, storage or transfer;
(Article 1 of the Freedom of Information Law, 1998, amended 2015)

Proactive disclosure is specified

Yes. 1. These Regulations prescribe the procedures, by which institutions shall place information on the Internet in order to ensure availability thereof.
2. These Regulations shall apply to institutions of direct administration and to derived public persons, except for local government institutions.
(Cabinet Regulation No.171 Procedures by which Institutions Place Information on the Internet, 2007, amended 2010)

Coverage of public and private sectors

Executive branch

Yes. The purpose of the law is to ensure that the public has access to information which is held by an institution or a body under its jurisdiction are obliged to. This Act provides for a single procedure in which individuals are entitled to obtain information and authority to use it. This Law applies to documented information that the institutions of information circulation. An institution is defined as every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks.
(Articles 1 and 2 of the Freedom of Information Law, 1998, amended 2015)

Legislative branch

Yes. The purpose of the law is to ensure that the public has access to information which is held by an institution or a body under its jurisdiction are obliged to. This Act provides for a single procedure in which individuals are entitled to obtain information and authority to use it. This Law applies to documented information that the institutions of information circulation. An institution is defined as every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks.
(Articles 1 and 2 of the Freedom of Information Law, 1998, amended 2015)

Judicial branch

Yes. The purpose of the law is to ensure that the public has access to information which is held by an institution or a body under its jurisdiction are obliged to. This Act provides for a single procedure in which individuals are entitled to obtain information and authority to use it. This Law applies to documented information that the institutions of information circulation. An institution is defined as every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks.
(Articles 1 and 2 of the Freedom of Information Law, 1998, amended 2015)

Other public bodies

Yes. The purpose of the law is to ensure that the public has access to information which is held by an institution or a body under its jurisdiction are obliged to. This Act provides for a single procedure in which individuals are entitled to obtain information and authority to use it. This Law applies to documented information that the institutions of information circulation. An institution is defined as every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks.
(Articles 1 and 2 of the Freedom of Information Law, 1998, amended 2015)

Yes. The government has to inform the society of its actions. The meetings of the Cabinet are open and their agenda, minutes, and drafts of regulatory enactments must be published on the webpage of the Cabinet.
The ministries are responsible for informing the society of drafts of legal enactments. The procedure is further governed by the Cabinet's internal instructions.
(Article 29 of the Cabinet Structure Law, 2008, amended 2016
Article 17 of the Cabinet Regulation No.300, Rules of Procedure of the Cabinet, 2009, amended 2014)

Enacted legal instruments

Yes. Every law and Cabinet Regulation and President act must be published in the official newspaper.Cabinet decisions and Prime Minister's orders must be published in the official newspaper unless otherwise provided therein.
(Official Publications and legal information law, 2012, amended 2016)

Annual budgets

Yes. The state budget has to be regularly published in a comprehensible and easily understandable form. Every institution has to publish its budget on their reggaes a month after the adoption of the state's annual one. Local governments have to make their budgets available.
(Article 14 of the Law on Budget and Financial Management, 1994)

Annual chart of accounts (actual expenditures)

Yes. Institutions prepare public reports regarding their activities and use of budget resources
Government institutions prepare annual public reports on aims and results of the activities of the institution and its use of budget funding until 1 July of the year following the financial year and afterwards publish them on their webpages in a month's time.
(Article 94 of the State Administration Structure law, 2002, amended 2016
Article 14 of the Law on Budget and Financial Management, 1994
)

Annual reports of public entities and programs

Yes. Institutions prepare public reports regarding their activities and use of budget resources
Government institutions prepare annual public reports on aims and results of the activities of the institution and its use of budget funding until 1 July of the year following the financial year and afterwards publish them on their webpages in one month period.
(Article 94 of the State Administration Structure law, 2002, amended 2016
Article 14 of the Law on Budget and Financial Management, 1994
)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens)

Yes. (1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it.
(Article 2 of the Freedom of Information Law, 1998, amended 2015)

Type of request is specified (written, electronic, oral)

Yes. Information may be requested in writing, orally or electronically.
(Article 11 of the Freedom of Information Law, 1998, amended 2015)

Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.)

Yes. The fee for the provision of information should not exceed the document or information search, additional processing and reproduction costs. Do not include any other costs incurred in dealing with legal and political issues related to reply to the request for information. Every applicant for information may request exemption from the fee for the service. The Cabinet shall determine the cases in which an individual is reduced fees for the provision of information or remitted. The procedures by which pays for the provision of information, as well as paid services and the amount determined by the Cabinet.
Fees for requested information are mandated only if additional processing is required (searching, copying, etc.). The paid services for providing information, their prices and persons who are exempted of payments or pay at a reduced rate, are specified in Cabinet Regulations.
(Article 13 of the Freedom of Information Law, 1998, amended 2015
Articles 3, 4, 5 and 6 of the Cabinet Regulation No. 940, Regulations regarding Paid Services for the Provision of Information, 2006)

Deadlines for release of information

20-day response deadline

Yes. A person has to receive the information requested in 7 or 10 days time (based on the volume of the requested information) or receive a notice of extension of the period in 15 days' time.
(Article 14 of the Freedom of Information Law, 1998, amended 2015)

Agency granted right to extend response time

Yes. Response time can be extended for a period that would lead to an overall response time of 30 days.
(Article 14 of the Freedom of Information Law, 1998, amended 2015)

Maximum total response time of no more than 40 days

Yes. Response time can be extended for a period that would lead to an overall response time of 30 days.
(Article 14 of the Freedom of Information Law, 1998, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law

Yes. Law on Official Secrets, 1996
(Law on Official Secrets, 1996, amended 2013)

Yes. Information exemptions are categorized as information of restricted access and generally accessible information. Restricted access information is exempt from coverage. Information regarding private secrets and private life are also exempt of generally accessible information. State secrets are also exempt from generally accessible information.
(Articles 5-8 of the Freedom of Information Law, 1998, amended 2015
Articles 9 and 12 of the Law on Official Secrets, 1996, amended 2014)

Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities

Yes. There is a right of internal appeal to the head of the institution.
(Article 15 of the Freedom of Information Law, 1998, amended 2015
Administrative Procedure Law, 2001, amended 2013)

Public Procurement

The Latvian public procurement system is regulated primarily by the Public Procurement Law and the Law on Procurement for the Needs of Public Utilities Providers. The public procurement body is the Procurement Monitoring Bureau which is an organization under the Ministry of Finance.

The lowest minimum thresholds for conducting a public procurement tender are:

▪ LVL 4,000 (ca. EUR 5,500) for goods

▪ LVL 14,000 (ca. EUR 20,000) for works

▪ LVL 4,000 (ca. EUR 5,500) for services

The minimum number of bidders is 2-3 for restricted procedures and 2-3 for negotiated and competitive dialog procedures. The minimum submission period is 30 days for open procedures, 25 days for restricted procedures and 25 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment, but contracting authorities can prescribe environmental considerations through the evaluation criteria.

There are several options for bid exclusion: corruption, violation of environmental enactments, bankruptcy, liquidation, false information, outstanding tax or social security contribution. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure, which depends on the object of the case. There is a standard court fee of EUR 28.46. Court decisions are publicly released.

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS)

EUR 0. Since 2015, all signed procurement contracts need to be published, exception may only be made for oral contracts (possible for simplified procurement below 3000 EUR)
(Article 18 (11), Law on Public Procurement, 1996, amended 2014)

What is the minimum contract value above which the public procurement law is applied? (Product type WORKS)

EUR 0. Since 2015, all signed procurement contracts need to be published, exception may only be made for oral contracts (possible for simplified procurement below 3000 EUR)
(Article 18 (11), Law on Public Procurement, 1996, amended 2014)

What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES)

EUR 0. Since 2015, all signed procurement contracts need to be published, exception may only be made for oral contracts (possible for simplified procurement below 3000 EUR)
(Article 18 (11), Law on Public Procurement, 1996, amended 2014)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR)

EUR 58000. This is the low value contract threshold for goods and services. For all procurement below this value, the purchasing organizations apply their own internal rules adopted internally at each of them. Provided without VAT. For low value procurement purchasing organizations have their own rules, only generalized reports on procurement are published centrally.
(Article 2(15), Law on Public Procurement, 1996, amended 2014)

What are the minimum application thresholds for the procurement type? (Entity: UTILITIES)

EUR 58000. There is no separate law on water utilities/energy/post services procurement. Unless exceptions apply, the Law on Procurement is applicable. Provided without VAT
(Article 2(15), Article 70, Law on Public Procurement, 1996, amended 2014. )

What are the minimum application thresholds for the procurement type? (Entity: DEFENCE)

EUR 58000. The same low value contract threshold - depending on whether it is works, services or goods that are purchased in this sector. For all procurement below this value, the purchasing organizations apply their own internal rules adopted internally at each of them. Provided without VAT. For low value procurement purchasing organizations have their own rules, only generalized reports on procurement are published centrally.
(Article 2(15), Law on Public Procurement, 1996, amended 2014; Article 4 (19) of the Law on Procurement in Defence and Security, 2011; Public Procurement Office Decree)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS)

EUR 58000. This is the low value contract threshold. For all procurement below this value, the purchasing organizations apply their own internal rules adopted internally at each of them. Provided without VAT. For low value procurement purchasing organizations have their own rules, only generalized reports on procurement are published centrally.
(Article 2(15), Law on Public Procurement, 1996, amended 2014)

What are the minimum application thresholds for the procurement type? (Product type WORKS)

EUR 145000. This is the low value contract threshold. For all procrurement below this value, the purchasing organizations apply their own internal rules adopted internally at each of them. Provided without VAT
(Article 2(15), Law on Public Procurement, 1996, amended 2014)

What are the minimum application thresholds for the procurement type? (Product type SERVICES)

EUR 58000. This is the low value contract threshold. For all procrurement below this value, the purchasing organizations apply their own internal rules adopted internally at each of them. Provided without VAT. Below this value, only generalized reports on procurement are published centrally.
(Article 2(15), Law on Public Procurement, 1996, amended 2014)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full?

Yes. The purchasing organization is required to submit all documents related to the announcement of the tender for the Public Procurement Office. This does not apply to unannounced tenders (negotiations without prior notification and simplified procurement conducted by surveys) and exceptions on confidentiality apply.
(Article 23, Law on Public Procurement, 1996, amended 2014. The content of the documents is detailed in Article 24 of this law.)

Are any of these documents published online at a central place?

Yes. All of the documents related to the announcement of the tender are published at the Central Public Procurement Infromation System (and forwarded to the EU official journal bureau where relevant)
( Article 23, Law on Public Procurement, 1996, amended 2014)

Yes. All of the records of documents related to each procurement are kept for atl least 4 years (including payment data). However, not all of these records are public without additional requests.
(Article 21, Law on Public Procurement, 1996, amended 2014. Law on Documents and Archives, 1995, amended 2013)

Are contracts awarded within a framework agreement published (ie mini contracts)?

No . All contracts, including contracts signed within a framework agreement, may be subject to FOIA requests, but are not published proactively. The amendment regarding proactive publishing of all contracts (Public Procurement Law Art. 18 (11) ) was made in 2013, but only came into force from 1st Jan. 2015.
(Article 63 (2), Article 18, Law on Public Procurement, 1996, amended 2014.)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases?

Yes. The subcontractors need to be provided in the signed contract and since 2015, all contracts are published centrally
(Article 18 (6), Law on Public Procurement, 1996, amended 2014)

If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender?

Yes. There is no explicit ban, but principles of equal participation, non-discrimination and transparency are provided in the Law on Public Procurement and case law provides that these principles are legally imperative (Lithuanian Supreme Court, 2008-12-23, case No. 3K-3-583/2008)
(Article 3 (1), Law on Public Procurement, 1996, amended 2014)

Is there a preferential treatment for small-to-medium enterprises (SMEs)?

No. No reserved contracts for SME
(Article 13, Law on Public Procurement, 1996, amended 2014)

Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies)

No. The general principle provided in the Law on Public Procurement provides that the purchasing organizations are obliged to treat companies from other EU MS equally as companies from Lithuania (according to the World Trade Organization Treaty on public procurement). However, Article 82 sets out rules for potential preferential treatment for national companies - but is only applicable for procurement in water utilities, energy, transport, and post services. This article provides that any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, exceeds 50% of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products.
Where two or more tenders are equivalent in the light of the tender evaluation criteria as established by the contracting authority, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2 of this Article.
(Article 82, Law on Public Procurement, 1996, amended 2014)

Is there a specific set of rules for green/sustainable procurement?

No. The purchasing organizations may provide special contract implementation conditions related to social or environment protection requirements, in accordance with EU law. The purchasing organizations may also provide special green conditions in the technical specification. More detailed rules are set out in the Government Decree on the National Green Procurement Programme (https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.378914/lWlmuFxhfh?jfwid=96t6tk4zg), 2010, amended 2012
(Article 24 (4), 25 (6) Law on Public Procurement, 1996, amended 2014. )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion?

Yes. The grounds on prohibiting or restricting tenderers' participation in public procurement are listed in Art. 33 (Law on Public Procurement). Since the principles of transparency, equal participation and non-discrimination are part of the Public Procurement Law as well, no other restrictions that do not fall in the list of Art. 33 are allowed. These grounds provide that the contracting authority must reject requests to participate and tenders (1) if the supplier (legal person or its representative) has an unspent or unexpunged conviction OR (2) a judgment of conviction was passed and became effective against the supplier (legal person) within the past five years for participation in a criminal organisation, formation or being in charge thereof, OR (3) for bribery, bribery of an intermediary, graft, fraud, OR (4) the use of credit / loan / targeted financial support not in accordance with its purpose or the established procedure, OR (5) credit fraud, OR (6) tax evasion, OR (7) provision of inaccurate data on income, profit or assets, OR (8) failure to file a tax return or to submit a report or another document, OR (9) acquisition or handling of the property obtained by criminal means, money or property laundering OR (10) there is a judgment of conviction passed and is effective against the suppliers of other countries for the crimes defined in the legal acts of the European Union listed in Article 45(1) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts OR (11) the natural person or a shareholder of a legal person owning a majority of votes, has an unspent or unexpunged conviction for criminal bancrupcy OR (12) has not fulfilled tax, including social welfare payment obligations in either its registration country or the country where the contracting authority is located, if this obligation exceeds 50 EUR. The contracting authority may also provide that tenderers will be excluded where the tenderer is (1) bancrupt, is being liquidated, has signed a peace agreement with its creditors, has stopped or restricted its activities or its status is similar to this according to the laws, (2) is the subject of restructuring, bankruptcy proceedings or bankruptcy proceedings carried out of court, or forced liquidation or arrangement with creditors or is the subject of an analogous procedure in accordance with the laws and regulations of the country where it is registered; (3) a natural person has an unexpired or not expunged conviction, or a legal person has been convicted for criminal offenses against property, property rights and property interests, intellectual and industrial property, economic and business policy, financial system, public service and public interest over the last five years, with the exception of the above listed offenses; (4) has committed a serious professional offense; (5) has provided fraudulent information on its compliance with the requirements; (6) has been convicted for permitting illegal work over the last one year; (7) has been convicted for hiring citizens of the third countries illegally residing in Lithuania (or has been convicted for that over the past five years in cases where the tenderer is a legal person; (8) has not fulfilled or has improperly fulfilled a public procurement contract and it was an essential breach of a contract clause as a result of which the contract has been terminated over the past three years or there is a court decision to deem the breach as essential and compensate losses for the purchasing organization in the past three years.
(Article 33, Law on Public Procurement, 1996, amended 2016)

No. The bids are never excluded automatically, but the purchasing organization has an obligation to request the tenderer to justify an unusually low price
(Article 40, Law on Public Procurement, 1996, amended 2014)

Is scoring criteria published?

Yes. Scoring criteria, weight of different scoring criteria are published in the tender announcement
(Articles 49, 54, 57, 62, 78, Law on Public Procurement, 1996, amended 2014)

Are decisions always made by a committee?

No. Commission of at least 3 people needs to be created in the purchasing organizations, independent members may be included. The commission evaluates the bids on behalf of the purchasing organizations. It is not obligatory to form a committee for simplified procurement (below the international procurement value threshold)
(Article 16, Law on Public Procurement, 1996, amended 2014)

Are there regulations on evaluation committee composition to prevent conflict of interest?

Yes. In most cases, the members of the evaluation committee are employess of a public institution (exceptions may occur where a purchasing organization is not from a public sector, but still qualifies for the criteria of a purchasing organization) and are therefore subject to the Law on the Adjustment of Public and Private Interests in the Public Service. This law covers not only civil servants, but also people who work in public bodies funded by the Government. The Law on Public Procurement further clarifies the following: "4. Except in the cases prescribed by the legal acts of the Republic of Lithuania, the members of the Commission and the experts invited by the body which has formed the Commission shall be prohibited from providing third parties with any information concerning the content of the tenders submitted by suppliers. 5.Each member and expert of the Commission may take part in the work of the Commission only upon signing a declaration of impartiality and a pledge of confidentiality."
(Article 16 (3, 4, 5 and 6), Law on Public Procurement, 1996, amended 2014. Law on the Adjustment of Public and Private Interests in the Public Service 1997, amended 2012)

Is some part of evaluation committee mandatorily independent of contracting authority?

No. The public procurement commission (evaluation committee) usually consists of employees of the purchasing organization, even though the law allows (does not oblige) the purchasing organization to also include independent experts
(Article 16 (2), Law on Public Procurement, 1996, amended 2014)

Are scoring results publicly available?

Yes. The reports of the procurement procedures are public and provide the titles of the selected tenderers and the justification for their selection, the titles of the tenderers that were not selected and the justification why they were not selected. These justifications provide the total scoring result, i.e. the total score for MEAT / price - not the scores for each criteria of the tender - and the place of the tenderer in the queue of all tenderers. The interested candidates are allowed to submit requests for further information. The protocols / minutes of the meetings of the evaluation commission (including the scoring results and justification for the scoring of each criteria) are not available publicly. The tenderers may request these documents and there is no unified procedure as to what may be revealed to them (ie. may the actual justification be made available, or just the scoring).
(Article 19, 41, Law on Public Procurement, 1996, amended 2014)

Does the law specify under which conditions the tender can be cancelled?

Yes. Upon a permission of the Public Procurement Office, a purchasing organization can cancel the procurement procedure at any time before the signing of the contract, but only if circumstances which have not been known before surface .
(Article 7(5), 29 (4), Law on Public Procurement, 1996, amended 2014)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders?

Yes. Official Journal of the European Union and in the Central Portal of Public Procurement. Prior information notices may be published on the website of the contracting authority in the specially assigned section.
( Article 23, Law on Public Procurement, 1996, amended 2014)

Does the law specify the location for publicizing restricted calls for tenders?

Yes. Official Journal of the European Union and in the Central Portal of Public Procurement. Prior information notices may be published on the website of the contracting authority in the specially assigned section (hereinafter referred to as “buyer profile”).
( Articles 45(1) and 23, Law on Public Procurement, 1996, amended 2014)

Does the law specify the location for publicizing negotiated calls for tenders?

Yes. Official Journal of the European Union and in the Central Portal of Public Procurement. Prior information notices may be published on the website of the contracting authority in the specially assigned section (hereinafter referred to as “buyer profile”). Note - this does not apply for negotiations without prior publication
( Articles 57(1) and 23, Law on Public Procurement, 1996, amended 2014)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures?

5.
(Article 47(3), Law on Public Procurement, 1996, amended 2014)

What is the minimum number of bidders for negotiated procedures?

3.
(Article 60 (1), Law on Public Procurement, 1996, amended 2014)

What is the minimum number of bidders for competitive dialogue procedures?

3.
(Article 53(2), Law on Public Procurement, 1996, amended 2014)

Bidding period length

What are the minimum number of days for open procedures?

52. 52 days counting from sending the call for tenders to the Public Procurement Office.
36 days if the contracting authority published a prior information notice at least 52 days but not more than 12 months before commencing the procedure; In case of unforseen circumstances it can be shorter than 36 days, but not less than 22 days. The term may be reduced by 7 days if the contracting authority draws up and transmits the contract notice by electronic means.
The time limit can be reducred by 5 more days when the contracting authority offers unrestricted and full direct access by electronic means to all contract documents from the date of publication of the contract notice
(Article 44, Law on Public Procurement, 1996, amended 2014)

What are the minimum number of days for restricted procedures?

37. 37 days counting from sending the call for tenders to the Public Procurement Office. No less then 40 days counting from the day of dispatch of calls for tenders to suppliers.
36 days - if the contracting authority published prior information notice at least 52 days, but no more than 12 months before commencing the procurement procedure. Reduced by 7 days if the contract notice is drawn up and transmitted by electronic means. 15 days - in case of urgency, or 10 days - in case of urgency where the notice was dispatched by electronic means.
(Article 46, Law on Public Procurement, 1996, amended 2014)

What are the minimum number of days for competitive negotiated procedures?

37. 37 days counting from sending the call for tenders to the Public Procurement Office. It may be shortened by 7 days if the contract notice is dispatched by electronic means. 15 days - in case of urgency, or 10 days - in case of urgency and if it was dispatched by electronic means.
(Article 59, Law on Public Procurement, 1996, amended 2014)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations?

Yes. The full list of exceptions is provided in Article 10. The Law on Public Procurement is not applied in cases where: (1) purchases are subject to special information security requirements or where it is impossible to protect the state interest in any other way than not applying this law; (2) purchases are carried out following procedural rules pursuant to an international agreement concluded in accordance with the principles laid down in the Treaty on European Union between the Republic of Lithuania and one or more third parties for buying goods, works and services intended for the joint use of these countries, if they inform the European Commission beforehand; (3) purchases are carried out following the rules of another member state and are meant for the implementation of their joint project; (4) purchases are related to dislocating the military units of the Republic of Lithuania in foreign countries pursuant to an international agreement; (5) purchases conducted following the rules of international organizations; (6) land or real estate is purchased or rented or rights for these subjects are purchased; (7) purchases where the primary purpose is to allow the contracting authorities to provide and operate public communications networks or to provide to the public one or more electronic communications services; (8) purchases covered by the Public Procurement in the defense and security Law. Where services are purchased, this law is not applied for (1) work contracts; (2) specific financial services purchasing; (3) the services provided by the Bank of Lithuania; (4) the services provided by international financial institutions; (5) arbitration and conciliation services purchasing; (6) purchases of radio and TV programmes creation, preparation for broadcasting and broadcasting where such purchases are conducted by broadcasters; (7) research and development services other than those where the benefit is used only for the purposes of the contracting authority and where the contracting authority pays for all costs; (8) service purchases when the contracting authority is buying from another contracting authorities or from contracting entities' association which has an exclusive right to provide such services granted by a legal act in accordance with European Union's founding treaties; (9) advertisement campaigns, propaganda films, propaganda videotapes - when these are purchased by a political party for a political campaign. The Public Procurement Law is also not applied for specific purchases of purchasing organizations operating on water utilities, energy, transport or post services fields. The Law is also not applied for internal transactions.
(Article 10, Law on Public Procurement, 1996, amended 2015)

Does the law specify the main types of institutions that must apply the public procurement law?

Yes. 1. A contracting authority shall be:
1) any state or local authority;
2) any public or private legal person meeting the conditions set forth in paragraph 2 of this Article;
3) any association of authorities specified in subparagraph 1 and/or of public or private legal persons referred to in subparagraph 2 of this paragraph;
4) any legal persons engaged in water, energy, transport or telecommunication activity referred to in subparagraphs 2-4 of paragraph 1 of Article 70 of this Law.
2. A public or private legal person (with the exception of state or local authorities) shall be deemed to be a contracting authority, if all or part of its activities is intended for meeting the needs of general interest, not having an industrial or commercial character, and meets at least one of the following conditions:
1) the activities thereof are financed, by more than 50%, with state or municipal budget resources, or with resources of other state or municipal funds, or with the resources of other public or private legal persons specified in this paragraph;
2) it is subject to control (management) by the state or local authorities, or other public or private legal persons specified in this paragraph;
3) it has an administrative, managerial or supervisory body, where more than half of the members are appointed by the state or local authorities or by the public or private legal persons specified in this paragraph.
3. The Government of the Republic of Lithuania or an institution authorised by it shall approve the lists of contracting authorities (including military units and services of the national defence system).
(Article 4 (1,2 and 3), Law on Public Procurement, 1996, amended 2014)

Does the law specify the main procedure types or procurement methods permitted?

Yes. Open, restricted, negotiated with or without prior notice and competitive dialogue
(Article 42, Law on Public Procurement, 1996, amended 2014)

Is there a procurement arbitration court dedicated to public procurement cases?

No. Ordinary court: regional court as court of first instance
(Article 93 (1), Law on Public Procurement, 1996, amended 2014)

Is there a procurement regulatory body dedicated to public procurement?

Yes. Public Procurement Office under the Ministry of Economics
(Article 8, Law on Public Procurement, 1996, amended 2014)

Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)?

No. Expertise is considered in appointments, especially for the PP Commission,but there are no criteria
(Article 16, Law on Public Procurement, 1996, amended 2014)

Complaints

Is there a fee for arbitration procedure?

No. There is no arbitration procedure foreseen, in cases of complaints for the ordinary court stamp duty applies
(Article 93, Law on Public Procurement , 13 August 1996)

Is there a ban on contract signature until arbitration court decision (first instance court)?

Yes. Upon receiving a claim, the contracting authority shall forthwith suspend procurement procedures until the claim is fully examined and a decision is taken.
(Article 95 (2), Law on Public Procurement, 1996, amended 2014)

What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts?

There is no arbitration procedure foreseen, in cases of complaints in the ordinary courts, the general procedural laws apply

Is there a requirement to publicly release arbitration court decisions ?

No. There is no arbitration procedure foreseen, in cases of complaints in the ordinary courts, the general procedural laws apply